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Has Anyone Successfully Lifted A Stay Against Their Claim ?


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HI all ,

 

With the OFT TESTCASE and NATWEST saying that they will apply for a stay in all claims that have reachedthe courts, I though It woul be good to open a new thread just on the subject of LIFTING OF STAYS !! to find out if anyone has successfully aplied for a lifting of the stay and how they did it ?

 

NatWest - Test case - Overdraft Charges - Update

 

 

Your input is much appreciated !

18/04/07 1st letter sent (again)

19/04/07 letter received by Stuart Higley

25/04/07 Usual blabla letter from NatWest "investigating and so on and so forth" received.

08/05/07 LBA sent

09/05/07 LBA received by Natwest

25/05/07 Claimed online by MCOL

Claim served on the 4th of June

Acknowledgment of service received 18th of June

Cobbets defense and Part 18 request received 05 July

Notice of Transfer of Proceedings received 06 July

19/07/07 Allocated to small claims track, refer back after 21 days.

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  • 4 weeks later...

Hi miser

 

I havent seen any that have been successfully overturned other than Tempty vs NatWest on legal bea gles.info which appears to have been following a call to her local court this morning. The application was personal to the claimant and quoted the SSA and Tax Credits Acts, and outlined personal circumstances.

 

Its quite interesting might be worth a look at.

 

Hope that helps.

Jules

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I have sent my application to have the stay lifted a few days ago - will report back when (and if) I get a response from the Court, must say I am a bit depressed about all this I was almost there - just a few days to go till court date - when all this haappened and I received a stay order. £6k is a lot to wait for!!!!!!

recovering my own money

' with a little help from my friends'

-using the best legal system in the world!

:D

Claim £6k+ -March

Offer refused for £3,600+ -May sent in MCOL

Defence received end June with CPR 18 request

responded immediately to Northampton requested small claims process at local Court.

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A stay was refused at Welshpool today - DJ said no way and allowed the hearing to go ahead. Claimant won! :D Won't tell you who it is yet as they haven't updated their thread due to not having internet access at the moment.

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A stay was refused at Welshpool today - DJ said no way and allowed the hearing to go ahead. Claimant won!

 

th_fantastic.gifth_laugh-3.gif

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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th_fantastic.gifth_laugh-3.gif

 

Isn't it?!!!

 

That's a fab piccie tc! :D

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That's a fab piccie tc! :D

 

Thats me when i was 3

712 years ago.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Thats me when i was 3

712 years ago.

 

LMAO!!!! :D

You're only 5 year old than me then! ;)

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A stay was refused at Welshpool today - DJ said no way and allowed the hearing to go ahead. Claimant won! :D Won't tell you who it is yet as they haven't updated their thread due to not having internet access at the moment.

 

Was this a stay applied for by the banks that was refused or an existing stay that was overturned by way of an appeal? So far Tempty v NatWest on legal bea gles . info is the only one I have actually seen overturned , there have been a few Courts I know of that have refused stay applications but this change of Order by the Court is the 1st one of its kind as far as I am aware.

 

A big help for anyone in the same situation as far as I am concerned.

 

Jules

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Was this a stay applied for by the banks that was refused or an existing stay that was overturned by way of an appeal?

 

This was an existing stay that was overturned by way of an appeal http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/111313-stay-lifted-eastbourne-county.html

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ok so my case has now been moved to nottingham county court for that court to deal with my application to remove the stay. ive also just received a letter saying it is ordered that allocation questionairs be dispensed unless the district judge at hte courte of transfer orders otherwise

 

note i havent had to pay anything to aply to lift my stay.

 

i simply sent a letter (Found on this site)

the letter i recieved back from court said it is ordered that:-

 

1) the claimants letter stands as an application for leave to lift the stay.

 

2) no fee payable

 

3) transfer to claimants home county court.

 

i take it this is good!!?? i was about to give up lol

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It's a positive step Wadsi - make sure you're prepared for the hearing as much as possible. This thread http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/111708-i-have-hearing-date.html has some good tips on how to prepare your supporting evidence for the hearing.

 

Best of luck hun :)

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Hey all,

I have a hearing date for late September to have the stay lifted against Cobbets. I dont think i can argue hardship really so i have to take an alternative angle...any ideas??? I am hoping natwest settle before the hearing. Does anyone know of Cobbets attending a stay hearing yet?? I know Jansus states that she has settled before the hearing.....fingers crossed

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Never knew that....Applause for the Judge.....

 

th_applauseanimation1ke.gifth_Untitled.jpgth_applauseanimation1ke.gif

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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tc............ how much do I love you???

 

Loaaaaaaaaaaaaaaaaaaaaaaaaaaaaads!!!!!!!!!! xxx ;):D

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tc............ how much do I love you???

 

Loaaaaaaaaaaaaaaaaaaaaaaaaaaaaads!!!!!!!!!! xxx ;):D

 

Arrrrrrgghh Gee hun.

th_blush.jpg

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Yeah right!!!!!

 

Take more than that to make you blush hun!!!! :D

 

embarrassed-voice-over-faux-pas.jpg

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A stay was refused at Welshpool today - DJ said no way and allowed the hearing to go ahead. Claimant won! :D Won't tell you who it is yet as they haven't updated their thread due to not having internet access at the moment.

 

hedgey

 

Please can you make the details available when you can for this one. My understanding is that all Welsh courts are operating a blanket stay regardless, so this is very encouraging.

 

Also good for me because I actually live in the Welshpool catchment area, though normally file in South Wales where I work. If there is some hope at Welshpool then I can file future claims there instead :D

 

V

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Hi Varangian,

 

From what the claimant has said, claims are being stayed at Welshpool unfortunately. However, as the claim was due to be heard shortly after Cobbetts request for a stay, the DJ decided to let the hearing go ahead anyway to discuss whether the claim should be stayed.

 

Claimant really had to put up a fight to keep the claim being heard as the DJ said all claims should be being stayed. However, after hearing the arguements, he denied their application for the stay (Cobbetts didn't even bother turning up!!) and let the hearing go ahead.

 

As soon as the claimant's back online and updated their thread, I'll PM you with the thread link as it will make really interesting reading. :)

Can't find what you're looking for? Please have a look at Michael Browne's

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Hi Guys,

 

Got a letter this weekend to say our Stay has been lifted in the Sheffield Court. We have a new court date in Nov. :)

 

I will type a copy of the letter I got from the court on my Thread later today as I have not got it with me today.

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Hi Guys,

 

Got a letter this weekend to say our Stay has been lifted in the Sheffield Court. We have a new court date in Nov. :)

 

I will type a copy of the letter I got from the court on my Thread later today as I have not got it with me today.

 

That's great news right then N1's now being issued to Natwest & Halifax. :D

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